Caretaker Prime Minister Thaksin Shinawatra’s provocative comments last week about a mysterious “charismatic” person who wanted to overthrow the government through extra-constitutional means may have ignited a blaze of fury among his opponents, but legal experts say any formal case stemming from the remark will be tough to prove.

“It’s a real confrontation,” Kaewsan Atibodhi, a former Senator who helped write the Constitution, said of Thaksin’s comments. “But it’s not a legal violation. It’s a cultural violation.”

Prominent legal expert Meechai Ruchuphan had suggested on Tuesday that the premier’s remarks may violate the Constitution’s Article 8, which says: “No person shall expose the King to any sort of accusation or action.” But since Thaksin mentioned nobody by name, the case would need to make the roundabout argument that Thaksin exposed nearly everyone in the country to an accusation, including His Majesty the King, and thus should be impeached.

Such a case would assume Thaksin was speaking about His Majesty, and thus provide a platform for discussion about the palace’s involvement in political affairs – a sensitive subject impossible to explore locally due to self-censorship and the threat of l?se-majest? lawsuits. In addition, sources within the ruling Thai Rak Thai party and many commentators believe that Thaksin was referring to Privy Council President Gen Prem Tinsulanonda, and legal experts said it was improper to unnecessarily drag His Majesty into a political dispute.

“Meechai’s point was not wrong,” said Jade Donavanik, dean of law at Siam University. “But in society, when you want to stop the quarrelling, you shouldn’t bring this problem up to the King, especially after the royal celebrations.”

Still, the severity of Thaksin’s accusations, and the news that he read them from a prepared statement and stuck by them at a party meeting on Tuesday, have left his opponents seething. For many, Thaksin’s actions represent a direct attack on the palace – an unforgivable sin that deserves the ultimate punishment.

“When some people have their backs against the wall, they have no way out but to fight to the death,” said legal expert Kanin Boonsuwan, who helped draft the Constitution.

“If Thaksin loses, he loses everything, including his property and possibly his life.”

Thaksin’s ouster has been declared imminent ever since the chants of “Get Out!” began to resonate around the Royal Plaza and Sanam Luang six months ago. Yet the embattled premier has managed to somehow stay in power in a bout of resistance that is unprecedented in modern Thai politics.

“It’s not easy to get rid of Thaksin like before,” said a former Constitution drafter, speaking on condition of anonymity. “If the problems were caused by a military man, it would be easy. But at the moment the man in power controls part of the army and is very stubborn. Still, people in the upper middle class, and in the circle of established families, all know that he must go.”

The public glimpse into the behind-the-scenes dispute between Thaksin and his enemies has shocked many people, mostly because such disputes nearly always stayed in the realm of whispers.

Though some political observers think Thaksin’s move may prove a death knell, others say that the premier managed to successfully distract the public from the pending Constitutional Court case on Thai Rak Thai’s potential dissolution, and help frame any decision to eradicate the party as one that emerges from a vast conspiracy to oust him from power.

“This is a game of realpolitik,” Kaewsan said. “The last move is the Constitutional Court decision. To make the environment suitable for this decision to be made, Thaksin had to make the comment….It was a pre-emptive strike.”

Thaksin has refused to say anything more on the subject, leaving the public sparring to proxies like Senator-elect Samak Sundaravej and a number of TRT representatives. On the other side, it remains to be seen who will follow Meechai, media entrepreneur Sondhi Limthongkul and the blue-blood ladies in condemning the remark. Thaksin is simply hoping to survive the dissolution case and stay on board until the next election, when he will likely steer TRT to its fourth consecutive victory.

But whether or not he can last that long remains a huge question mark at this point, especially since many want him out at any cost.

“Thaksin has already gone too far,” said the Constitution drafter. “In this country, only one power can stop him.”

Anti-Thaksin crusader Sondhi Limthongkul yesterday issued a call to arms to loyal subjects of His Majesty the King and condemned caretaker Prime Minister Thaksin Shinawatra for challenging the monarchy.

Sondhi, pictured, also announced that he and other core leaders of the People’s Alliance for Democracy (PAD) were willing to be arrested for acts of civil disobedience.

As public criticism of Thaksin continued to mount yesterday over his claim that a “charismatic” person who is outside the constitutional framework was conspiring to topple him, Sondhi said the caretaker premier’s comments were a challenge to the monarchy.

“The charismatic person Thaksin spoke of can be no other than His Majesty the King,” Sondhi said. “This is a clear attempt to challenge the monarchy. This is the worst crisis the country has ever faced.”

Sondhi’s criticism of Thaksin follows censure by respected former Senate speaker Meechai Ruchuphan, who wrote on his website that Thaksin’s ambiguity over the identity of the “charismatic” person could be construed as a violation of His Majesty the King, and a contravention of Article 8 of the Constitution, which states: “The King is in a position of respect and reverence. No one can violate or accuse the King…”

Meechai added that the most charismatic person in the country is His Majesty the King. “The only other who has charisma and respect is [Privy Council President] Gen Prem Tinsulanonda.” Thaksin made the controversial speech last week to large gathering of high-ranking civil servants at Government House.

Sondhi said yesterday that even if Thaksin had meant the Privy Council President, “Gen Prem, as a Privy Counselor, works and acts on behalf of the King.”

Sondhi added that Thaksin’s words were all the more serious because he was reading from a prepared script and that it was not just another one of his gaffes.

“Thaksin’s intentions are clear because he was reading a prepared statement. It clearly demonstrated that there is a secret scheme afoot,” Sondhi said. “Furthermore, Thaksin told members of his Thai Rak Thai party on Tuesday that he knew exactly what is going on and what he is doing.”

Sondhi claimed that the time had come for members of the public to decide where their loyalties lay.

“I choose to be with the Monarch and I want to make it clear today,” Sondhi said.

“Thaksin has been leading the caretaker government for too long now, while the Royal decree for the October 15 general election has not been issued,” he said. “Thaksin is the person who is above the Constitution.”

Sondhi also alleged that the recent Cabinet appointment of persons close to Thaksin to sensitive positions in the government, such as Peerapan Prempooti to the post of permanent secretary to the Prime Minister’s Office, were illegal.

Sondhi added that in a show of peaceful resistance, he and other PAD leaders were refusing to comply with more than 24 police summonses in connection with anti-government activities. “I want to urge civil servants, soldiers and academics to take sides,” Sondhi said. “I will not call upon the police [to do likewise] because they serve the Thaksin regime,” Sondhi said.

“I will fight by not reporting in person to police and I will not seek bail.”

Sondhi also criticized the media yesterday for deliberately refusing to report Meechai’s comments.

“What Meechai spoke about is a very important matter but very few newspapers reported it,” Sondhi said.

“It is time newspaper owners who have benefited under the Thaksin regime began to feel shame and started thinking about the country.”

US President George W Bush needs to give his approval before the government can disclose a letter Prime Minister Thaksin Shinawatra sent to him in April that allegedly refers to “charismatic” people attempting to undermine the country’s democracy, a Foreign Ministry official said yesterday.

“A letter that a country’s leader sends to another leader shouldn’t be revealed,” Kiattikhun Chartprasert, deputy director-general of the ministry’s information department, told reporters. “But if it has to be revealed, then we have to consider the appropriateness of that, and whether or not the owner of the letter wants or agrees to send the letter to the public.”

The ministry may make a formal request to the US government in the next few days, he added. Foreign Minister Kantathi Suphamongkhon is currently traveling in the US and is scheduled to meet with several US leaders, including Secretary of State Condoleezza Rice.

The letter controversy stems from Thaksin’s recent comments to top bureaucrats that a “charismatic” individual was attempting to overthrow his government through unconstitutional means.

Upon hearing the comments, outgoing Senator Kraisak Choonhavan remembered that Thaksin had sent a letter to Bush, and wondered if it included the same references to “charismatic” elements – who nearly everyone sees as a thinly veiled reference to the Palace.

Thai Rak Thai spokesman Sita Devari added to the intrigue yesterday, telling reporters that the letter “contained something similar” to what Thaksin had told the bureaucrats two weeks ago. He also said the letter was not confidential, but simply a normal exchange between two government leaders.

Prommin Lertsuridej, secretary-general to the prime minister, said over the weekend that the letter was simply meant “to report the unusual circumstances in Thai politics to the world community.” He added then that the government would consider releasing the letter to the public this week.

In April, Thaksin traveled to Texas where he reportedly met with Bush’s father, former president George HW Bush. Since he did not meet the president on that trip, Thaksin sent Bush a letter to update him on the political situation.

Until the letter is released, it’s impossible to gauge the significance of the correspondence. Kraisak said yesterday that he “never saw” the letter, but “couldn’t help being reminded of it” when Thaksin told top bureaucrats that certain charismatic people operating outside the Constitution hoped to take down the government.

“I can’t help but wonder whether the same thoughts were transmitted to other foreign leaders,” Kraisak said in an interview yesterday. “They should definitely release the letter to the public. It would certainly help to clear the air.”

The Democrat party also hoped to capitalize on the letter frenzy yesterday.

“I call on the government to publicly reveal the contents of the letter because I believe it’s important and quite mysterious,” said Democrat spokesman Ong-Art Klampaiboon. “The prime minister should make it public to end the confusion.”

Foreign Minister Kantathi Suphamongkhon yesterday spoke out in defense of caretaker Prime Minister Thaksin Shinawatra, insisting his letter to US President George W Bush was in the interests of the country rather than himself.

Kantathi said that by sending the letter, Thaksin was trying to preserve ties between the two countries and reassure the US that Thailand’s political turmoil would be resolved peacefully and constitutionally.

He said the letter – which was leaked to the Matichon newspaper – was personal, not private, and was intended to build confidence both in the White House and among US investors.

“This letter...is personal communication between two leaders,” he told reporters via a radio link from Washington.

“The prime minister may want foreign countries to know that Thailand can press forward. I am certain he is trying to build confidence with leaders of foreign countries to show his desire to solve the problem based on the Constitution.”

In the letter sent to Bush, dated June 23, Thaksin stated it was his goal “to prepare the best possible democratic path for the next government,” and described months of street protests against him as “a threat to democracy.”

The letter, together with Bush’s reply, were printed in English and translated into Thai in yesterday’s Matichon.

Thaksin told the US president that democratic institutions had been “repeatedly undermined by interests that depend on creating chaos and mounting street demonstrations … as a means to acquire political power that they cannot gain through winning elections.”

He said the “interests,” which he did not name, had turned to “various extra constitutional tactics to co-opt the will of the people” after failed attempts to provoke disorder.

Thaksin explained how he called the April 2 elections because he was sure his party would be victorious. He said the opposition parties staged a boycott “because they knew they would again lose.”

Thaksin said he stepped aside temporally because he would not let political turmoil affect the 60th anniversary celebrations of His Majesty the King’s accession to the throne.

He expressed confidence to Bush that his Thai Rak Thai party would win the next election, and said resuming his role as caretaker prime minister was a decision in the interests of his country.

“I could not allow my country to drift without leadership,” he stated. “Our ongoing war on terror must be prosecuted, our economy must be managed, and the basic functions of government must be carried out.

“For these reasons, I have heeded the calls of many Thais – both within my party and among the opposition as well – to resume an active role as caretaker prime minister,” Thaksin wrote.

He said he would strive to achieve free and fair elections and shift the national debate from one that was emotionally charged to one that concerned the country’s future, “including whether the country’s political governance will be decided through the ballot box or in the street.”

Thaksin said events in Thailand would have an impact on democracy in Asia as a whole: “I know that you agree with me that the rule of law and constitutional order…must prevail over demagoguery and mob action.”

In his reply, Bush said the US has closely followed events in Thailand and hoped the political standoff would be solved as soon as possible.

“As an ally and a friend it is my sincere hope that all parties can find a way forward that respects the great achievement of Thai democracy and sees a fully vested government up and running in Bangkok as soon as possible,” Bush wrote.

He thanked Thaksin for informing him of “issues of vital importance,” and said that the Thai people were resilient and their democracy was strong.

“I know that your country will emerge from the current situation with a renewed focus on that which makes Thailand great,” Bush wrote.